How have courts dealt with the issue of unanimity in an instruction in a civil case?

California, United States of America


The following excerpt is from People v. Landino, H044899 (Cal. App. 2020):

information. You must not find the defendant guilty unless you all agree that the People have proved that the defendant committed at least one of these acts and you all agree on which act he committed." "Generally, a party may not complain on appeal that an instruction correct in law and responsive to the evidence was too general or incomplete unless the party has requested appropriate clarifying or amplifying language." (People v. Andrews (1989) 49 Cal.3d 200, 218.) Since Landino did not propose a different or additional unanimity instruction, he forfeited any claim of instructional error. (People v. Jackson (1996) 13 Cal.4th 1164, 1228-1229 [failure to request an instruction waives the issue on appeal].)

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